The following excerpt is from Kirkland v. New York State Dept. of Correctional Services, 628 F.2d 796 (2nd Cir. 1980):
Appellants rely on two cases which invalidated, respectively, the 1961 and 1963 exams given to state police officers for promotion to police sergeant. Donohue v. Cornelius, 39 Misc.2d 539, 241 N.Y.S.2d 683 (Sup.Ct. Albany Co.1963); Donohue v. Cornelius, 22 A.D.2d 1000, 254 N.Y.S.2d 941 (3d Dept. 1964). Both tests included a written component, a performance evaluation component, and an oral exam. The first Donohue opinion explained:
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